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(영문) 전주지방법원 군산지원 2018.12.20 2018고합98
특수강도
Text

A defendant shall be punished by imprisonment for three years.

excessive one (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

The Defendant, at around 01:40 on August 24, 2018, at the convenience store C located in Yasan-si B, for the convenience store, had an employee D (n, 19 years of age) with intent to forcibly take money and valuables and invaded on the convenience store, and used the victim D with a deadly weapon prepared in advance (the total length of 24 cm and 12.5 cm in length).

diversing money.

“Intimidating the victim’s resistance to the victim D, the victim E, who is the owner of the convenience store located at the location of the victim D, and the victim E, who is the owner of the convenience store located at the auxiliary safe, was demoted by 420,000 won in cash.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a criminal investigation report (where a photograph is attached to the crime related to special robbery), investigation report (where the crime related to special robbery is involved, CCTV images of the C convenience store and the suspect's photograph), and photographs and investigation reports (where a convenience store business owner and the amount damaged is owned by the victim), respectively

1. Relevant provisions of the Criminal Act and Articles 334 (2) and (1) and 333 of the Criminal Act concerning the selection of criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 48(1)1 of the Confiscation Criminal Act [Article 48(1)1 of the Confiscation Criminal Act (Article 48(1)1 in addition to the excessive one (Evidence 1) that is to be confiscated by the defendant, the remainder of the articles for which the prosecutor seeks to confiscate (defluences, etc.) has been used

It is difficult to view that it is a broad sense, and even if it is an article provided or intended to be provided for a crime, it is necessary to confiscate it.

It is difficult to see otherwise, and shall not be confiscated separately.

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to fifteen years;

2. The scope of recommended punishment according to the sentencing guidelines [the scope of recommended punishment] [the general standards for robbery] that there is no two types (special robbery) [the determination of the recommended area] (the scope of recommended punishment] of the basic area [the scope of recommended punishment] from three years to six years.

3. Determination of sentence: A defendant who is disadvantageous to a three-year term of imprisonment;

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